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NOTE: YOU SHOULD USE THIS DOCUMENT TO NAME A PERSON AS YOUR HEALTH CARE
AGENT IF YOU ARE COMFORTABLE GIVING THAT PERSON BROAD AND SWEEPING POWERS
TO MAKE HEALTH CARE DECISIONS FOR YOU. THERE IS NO LEGAL REQUIREMENT THAT
ANYONE EXECUTE A HEALTH CARE POWER OF ATTORNEY.
EXPLANATION: You have the right to name someone to make health care decisions for you when you
cannot make or communicate those decisions. This form may be used to create a health care power of
attorney, and meets the requirements of North Carolina law. However, you are not required to use this
form, and North Carolina law allows the use of other forms that meet certain requirements. If you prepare
your own health care power of attorney, you should be very careful to make sure it is consistent with North
Carolina law.
This document gives the person you designate as your health care agent broad powers to make health care
decisions for you when you cannot make the decision yourself or cannot communicate your decision to other
people. You should discuss your wishes concerning life-prolonging measures, mental health treatment, and
other health care decisions with your health care agent. Except to the extent that you express specific
limitations or restrictions in this form, your health care agent may make any health care decision you could
make yourself.
This form does not impose a duty on your health care agent to exercise granted powers, but when a power is
exercised, your health care agent will be obligated to use due care to act in your best interests and in
accordance with this document.
This Health Care Power of Attorney form is intended to be valid in any jurisdiction in which it is presented,
but places outside North Carolina may impose requirements that this form does not meet.
If you want to use this form, you must complete it, sign it, and have your signature witnessed by two
qualified witnesses and proved by a notary public. Follow the instructions about which choices you can
initial very carefully. Do not sign this form until two witnesses and a notary public are present to watch
you sign it. You then should give a copy to your health care agent and to any alternates you name. You
should consider filing it with the Advance Health Care Directive Registry maintained by the North Carolina
Secretary of State: http://www.nclifelinks.org/ahcdr/
I, _______________________________, being of sound mind, hereby appoint the following person(s) to serve as
my health care agent(s) to act for me and in my name (in any way I could act in person) to make health care
decisions for me as authorized in this document. My designated health care agent(s) shall serve alone, in the order
named.
2. Effectiveness of Appointment.
My designation of a health care agent expires only when I revoke it. Absent revocation, the authority granted in this
document shall become effective when and if one of the physician(s) listed below determines that I lack capacity to
make or communicate decisions relating to my health care, and will continue in effect during that incapacity, or until
my death, except if I authorize my health care agent to exercise my rights with respect to anatomical gifts, autopsy,
or disposition of my remains, this authority will continue after my death to the extent necessary to exercise that
authority.
1. ____________________________________ (Physician)
2. ____________________________________ (Physician)
If I have not designated a physician, or no physician(s) named above is reasonably available, the determination that I
lack capacity to make or communicate decisions relating to my health care shall be made by my attending physician.
3. Revocation.
Any time while I am competent, I may revoke this power of attorney in a writing I sign or by communicating my
intent to revoke, in any clear and consistent manner, to my health care agent or my health care provider.
Subject to any restrictions set forth in Section 5 below, I grant to my health care agent full power and authority to
make and carry out all health care decisions for me. These decisions include, but are not limited to:
A. Requesting, reviewing, and receiving any information, verbal or written, regarding my physical or mental
health, including, but not limited to, medical and hospital records, and to consent to the disclosure of this
information.
C. Consenting to and authorizing my admission to and discharge from a hospital, nursing or convalescent
home, hospice, long-term care facility, or other health care facility.
D. Consenting to and authorizing my admission to and retention in a facility for the care or treatment of
mental illness.
E. Consenting to and authorizing the administration of medications for mental health treatment and
electroconvulsive treatment (ECT) commonly referred to as "shock treatment."
F. Giving consent for, withdrawing consent for, or withholding consent for, X-ray, anesthesia, medication,
surgery, and all other diagnostic and treatment procedures ordered by or under the authorization of a
licensed physician, dentist, podiatrist, or other health care provider. This authorization specifically
includes the power to consent to measures for relief of pain.
H. Providing my medical information at the request of any individual acting as my attorney-in-fact under a
durable power of attorney or as a Trustee or successor Trustee under any Trust Agreement of which I am
a Grantor or Trustee, or at the request of any other individual whom my health care agent believes should
have such information. I desire that such information be provided whenever it would expedite the prompt
and proper handling of my affairs or the affairs of any person or entity for which I have some
responsibility. In addition, I authorize my health care agent to take any and all legal steps necessary to
ensure compliance with my instructions providing access to my protected health information. Such steps
shall include resorting to any and all legal procedures in and out of courts as may be necessary to enforce
my rights under the law and shall include attempting to recover attorneys' fees against anyone who does
not comply with this health care power of attorney.
J. Taking any lawful actions that may be necessary to carry out these decisions, including, but not limited
to: (i) signing, executing, delivering, and acknowledging any agreement, release, authorization, or other
document that may be necessary, desirable, convenient, or proper in order to exercise and carry out any
of these powers; (ii) granting releases of liability to medical providers or others; and (iii) incurring
reasonable costs on my behalf related to exercising these powers, provided that this health care power of
attorney shall not give my health care agent general authority over my property or financial affairs.
(Notice: The authority granted in this document is intended to be as broad as possible so that your health care agent
will have authority to make any decisions you could make to obtain or terminate any type of health care treatment or
service. If you wish to limit the scope of your health care agent's powers, you may do so in this section. If none of
the following are initialed, there will be no special limitations on your agent's authority.)
Shall NOT have the authority to withhold artificial nutrition (such as through tubes)
________ OR may exercise that authority only in accordance with the following special
(Initial) provisions:
Shall NOT have the authority to withhold artificial hydration (such as through tubes)
________ OR may exercise that authority only in accordance with the following special
(Initial) provisions:
NOTE: If you initial either block but do not insert any special provisions, your health
care agent shall have NO AUTHORITY to withhold artificial nutrition or hydration.
6. Organ Donation.
To the extent I have not already made valid and enforceable arrangements during my lifetime that have not been
revoked, my health care agent may exercise any right I may have to:
In exercising the authority to make donations, my health care agent is subject to the
following special provisions and limitations: (Here you may include any specific
limitations deem appropriate such as: limiting the grant of authority and the scope of
________ authority, or instructions regarding gifts of body or body parts.)
(Initial)
_________________________________________________________________________
_________________________________________________________________________
NOTE: DO NOT initial unless you insert a limitation.
If it becomes necessary for a court to appoint a guardian of my person, I nominate the persons designated in Section
1, in the order named, to be the guardian of my person, to serve without bond or security. The guardian shall act
consistently with G.S. 35A-1201(a)(5).
A. No person who relies in good faith upon the authority of or any representations by my health care agent
shall be liable to me, my estate, my heirs, successors, assigns, or personal representatives, for actions or
omissions in reliance on that authority or those representations.
B. The powers conferred on my health care agent by this document may be exercised by my health care
agent alone, and my health care agent's signature or action taken under the authority granted in this
document may be accepted by persons as fully authorized by me and with the same force and effect as if
I were personally present, competent, and acting on my own behalf. All acts performed in good faith by
my health care agent pursuant to this power of attorney are done with my consent and shall have the
same validity and effect as if I were present and exercised the powers myself, and shall inure to the
benefit of and bind me, my estate, my heirs, successors, assigns, and personal representatives. The
authority of my health care agent pursuant to this power of attorney shall be superior to and binding upon
my family, relatives, friends, and others.
9. Miscellaneous Provisions.
A. Revocation of Prior Powers of Attorney. I revoke any prior health care power of attorney. The preceding
sentence is not intended to revoke any general powers of attorney, some of the provisions of which may
relate to health care; however, this power of attorney shall take precedence over any health care
provisions in any valid general power of attorney I have not revoked.
B. Jurisdiction, Severability, and Durability. This Health Care Power of Attorney is intended to be valid in
any jurisdiction in which it is presented. The powers delegated under this power of attorney are
severable, so that the invalidity of one or more powers shall not affect any others. This power of attorney
shall not be affected or revoked by my incapacity or mental incompetence.
C. Health Care Agent Not Liable. My health care agent and my health care agent's estate, heirs, successors,
and assigns are hereby released and forever discharged by me, my estate, my heirs, successors, assigns,
and personal representatives from all liability and from all claims or demands of all kinds arising out of
my health care agent's acts or omissions, except for my health care agent's willful misconduct or gross
negligence.
D. No Civil or Criminal Liability. No act or omission of my health care agent, or of any other person, entity,
institution, or facility acting in good faith in reliance on the authority of my health care agent pursuant to
this Health Care Power of Attorney shall be considered suicide, nor the cause of my death for any civil or
criminal purposes, nor shall it be considered unprofessional conduct or as lack of professional
competence. Any person, entity, institution, or facility against whom criminal or civil liability is asserted
because of conduct authorized by this Health Care Power of Attorney may interpose this document as a
defense.
E. Reimbursement. My health care agent shall be entitled to reimbursement for all reasonable expenses
incurred as a result of carrying out any provision of this directive.
By signing here, I indicate that I am mentally alert and competent, fully informed as to the contents of this
document, and understand the full import of this grant of powers to my health care agent.
___________________________________________(SEAL)
I hereby state that the principal, _______________________, being of sound mind, signed (or directed another to
sign on the principal's behalf) the foregoing health care power of attorney in my presence, and that I am not related
to the principal by blood or marriage, and I would not be entitled to any portion of the estate of the principal under
________________COUNTY, _________________STATE
_____________________________________________
(type/print name of witness)
_____________________________________________
(type/print name of witness)